Historically,inthenineteenthandtwentiethcenturies,ColonialAssamsawmigrationsfromotherprovincesofBritishIndia,whichresultedin a changein the demographicprofileinsomedistricts of theProvince.ThegrowthofteaindustrynecessitatedthemigrationofpeoplefromBihar,Orissa etc in composite Bengal Presidencyandotherprovinces,whocameasplantationlabourtoworkinthenewlyopenedteagardens.Withtheexpansionofcolonialadministration,localeconomyandteaindustry,MarwaritradersfromRajasthanalsomadeAssamtheirhome. Further, the construction of railways, discovery of coal and oil facilitated migration from other parts of British India. ThecolonialauthoritiesalsoencouragedtheeducatedBengalistocometoAssamtotakeupjobsinthelowerechelonsoftheProvincialGovernment,asteachersandothersuchprofessions.Similarly,theavailabilityofcultivablewastelandsattractedthepeasantryfromthedenselypopulatedneighbouringdistrictsofBengallike Mymenshingh,Bogra,RangpurandPabna,whocametoAssaminlargenumbersinthetwentiethcentury.

The foreigner's issue has been a matter of considerable concern after independence as articulated by various sections of the society including student organizations. There is, therefore, a strong need to place on record all relevant facts to arrive at greater clarity on the matter. In this background, Hon'ble Chief Minister, Assam announced the publication of a White Paper giving all details relevant to the Foreigners' Issue including detection and deportation of foreigners, updation of NRC and steps taken to protect the international border like taking up fencing, strengthening of border outposts etc.

It is important to note some positive and beneficial effects of migration of the peasants from East Bengal. TheGoalparaZamindarsandotherlandlordshadinfactinitiallyencouragedthesehardypeasantstosettledowninAssam. The peasant migrants from the erstwhile East Bengal brought with them superior cultivation techniques including multiple cropping and introduced poultry farming. Because of the agricultural practices of the hardworking immigrants and their contribution to the agricultural economy, rice production increased significantly. A number of vegetables and crops including jute hitherto unknown in the state were also introduced by the migrants.

The demographic composition of the State from 1901 census onwards has been placed at annexure 1. It reveals that the population in all religious classes has registered growth at varying pace. It may be noted that major changes in the demographic profile of districts such as Goalpara, Nowgong, Darrang and Kamrup had taken place since 1871 census as shown in annexure 1A and 1B. A statement showing major religion population percentages in some states is shown in annexure 1C.

1.3.1Whenfreshcommunaldisturbancesoccurredinearly1950inAssam(alongwithEastPakistan,WestBengalandTripura),someimmigrantslivinginthedistrictsofGoalpara,KamrupandDarrangfledtoEastPakistanleavingtheirpropertiesbehind.IntheNehru-Liaquat Agreementsignedon8thApril,1950,itwasagreedbythetwoGovernments-IndiaandPakistan-thattherightsoftheimmovablepropertyofamigrantshallnotbedisturbedandthesameshallberestoredtohim,evenifitisoccupiedbyanotherpersoninhisabsence,providedhereturnstohisoriginalhomeby31stDecember,1950.Theagreementfacilitatedthereturnofalmostallthedisplacedpersons.By31stDecember1950,therewasnetinfluxof1,61,360peopleintoAssamwhohadenteredAssamthroughrecognizedroutesoftravel. A copy of the agreement is placed at annexure 3.

TheeffectivenessofanydriveagainstillegalimmigrantsintheearlyfiftieswashandicappedbythefactthatpassportandvisaregulationsbetweenIndiaandPakistancameintooperationonlyfromOctober1952andthedefinitionofaforeignertocoveraPakistannationalwasonlyclearlyspeltoutwiththeamendmentoftheForeigner'sAct1946in1957.InthethenexistingForeigner'sAct1946undersection2(a)(i), ‘Foreigner' wasdefinedamongotherthings,asapersonwhoisnotanatural-bornBritishsubjectasdefinedinSub-section(1)and(2)ofSection1oftheBritishNationalityandStatusofAliensActof1914or(ii)hasnotbeengrantedcertificateofnaturalizationasaBritishsubjectunderanylawforthetimebeinginforceinIndia.In1957,Section2(a)ofthethenexistingForeignersAct,1946wasamendedandaforeignercameto be definedasapersonwhoisnotacitizenofIndia.Thisamendment,whichcameintoforceon19thJanuary1957broughtPakistaninationalswithinthepurviewofthedefinitionofforeigner.The provisions and rules made under Foreigner's Act, 1946 prior to the above amendment were not applicable to the citizens of Pakistan. As such, they were not required to get themselves registered with the Registration officer of the district which they visited. After amendment of the Foreigners Act, 1946, detailedinstructionswereonlythereafterissuedbytheGovernmentofIndiainMarch,1957toallStateGovernmentsincludingAssamtodeportPakistaninationalsstayinginIndiawithoutproperauthorityorsanction.ItwouldbepertinenttomentionthattheCitizenshipActwasonlypassedin1955andhadcomeintoeffectfrom30thDecember1955. It would also be pertinent to note that the Government of India entrusted the functions of the Central Government under the Foreigners Act 1946 to the Superintendents of Police and the Deputy Commissioner (in charge of Police) in Assam in respect of sections 3 (2)(c) and ( cc) vide notification 1/7/61-F.III dated 22.3.1961 and in respect of sections 3 (2) (a) and (b) vide notification 1/32/61-F.III dated 15.3.1962. Both were specific entrustments of functions in respect of nationals of Pakistan. A copy of the notification dated 22.3.1961 is placed at annexure 3A.

1.5.2 During the period 1961-1966 approximately, 1,78,952 infiltrants were either deported or had voluntarily left the country but an estimated 40,000 infiltrants did not leave India. The Police drive, which commenced in mid 1962 against infiltrators continued but invited criticism from some leaders of Assam. Pakistan also threatened to drag the issue of deportation to the United Nations. A Conference of Home Ministers of India and Pakistan was held in New Delhi on 7th – 11th April 1964 to discuss primarily the deportation issue and need to maintain communal harmony in the sub-continent including minority protection, but the conference did not yield any substantial result. The issue of eviction of infiltrants was deliberated by the cabinet several times during 1964-66 and there was a general consensustillearlypartof1964 that any stoppage of deportation would seriously affect the internal situation in Assam.AcopyoftheletterfromDeputySecretary,PoliticalDepartmentaddressedtoSuperintendentsofPoliceisplacedatannexure5.

1.5.3 It was decided by the Central Government that before eviction every individual case should be examined by judicial authority even though this may result in delay, by introducing a judicial element in the procedure for the eviction of Pakistani infiltrators to stand the test of scrutiny before the international forum. All this culminated in the issue of a statutory order called the Foreigners (Tribunal) Order on 23rd September 1964 and the creation of Foreigners Tribunals under clause-2 of the order, thereby making it mandatory for the appointment of Member with judicial background. This was done in the context of representations made by variousorganizations about harassments being caused to bona fide Indian personswhile 'Quit Notices' were served on infiltrants as also adverse publicity on this issue over the international media. Under the aforesaid statutory order, 4 Foreigners Tribunals were set up in 1964 and as many as 35,080 persons were referred to these Tribunals till the end of August 1965. Apparently, most of the cases were disposed of in 10 month's time. The procedure of detection was relaxed so as to give the suspected infiltrant adequate opportunity to contest the Police case, should he desire to do so. In doing so, the Government was also attempting to counter criticisms that procedure followed was arbitrary and unfair. By 1968, there were 9 Foreigners Tribunals with headquarters at Tezpur, Gauhati, Nowgong(2), Sibsagar, Goalpara, Dhubri, Barpeta and Jorhat. A copy of order of 1964 is placed at annexure 6.

1.5.4 In1969Governmentdecidedthatonlyfollowingthreecategoriesofforeignersweretobesummarilydeported:- (1)PakistaninationalswhoheldPakistanipassports, (2)Re-infiltrantswhowereoncedeported. (3)Freshinfiltrants,caughtattheborder.Further,theSuperintendentsofPoliceweredirectednottodetainpersonsbeingcheckedatrailwaystationsleadingtotheirmissingtrainconnectionsasaconsequenceofsuchcheckinganddetention.IfapersonwassuspectedtobeaPakistani,hewastobequestionedandfollowedorinformationsenttowherehewasproceedingsothatatrackiskeptonhimandfutureinquiriescanbepursued,butheshouldnotbedetainedatthestationitself.TheSuperintendentsofPolicewerefurtherinstructedthatthereshouldbenowholesalecheckingofvillagesandhouses.Onlywhentherewerespecificsuspiciouscircumstancessurroundingthecases,whichneedtobefurthergoneinto,wouldsuchaprobebemade.TheSuperintendentsofPolicewerealsoadvisedthat,asfaraspossible,theinvestigationshouldbedoneunderthesupervisionofresponsibleofficer. A Copy of the letter is at annexure 7.

THEPIP SCHEME AND OTHER MEASURES

In June 1962ProjectPIP(Preventionofinfiltration into IndiaofPakistani Nationals)wasapprovedbytheMinistryofHomeAffairs,GovernmentofIndia. The main object of the scheme was to establish a security screen in depth to exercise a physical check and control over the number, identity and movement of existing inhabitants in the immigrant settlements near the border making it impossiblefor any newentrants to go untraced or unnoticed. The Police screen was originally intended to cover the border areas in three border districts-Goalpara, Garo Hills and Cachar, and three interior districts- Kamrup , Nowgong and Darrang where the infiltrators found shelter by mixing up with older settlers. In later years, the scheme was extended to cover Lakhimpur district as well. Under this scheme each police outpost was to be under one sub-inspector of Police backed by two unarmed constables. Each outpost would have a responsibility over an area of 3 to 5 sq. miles to keep watch over movement of infiltrators across the border and to detect the arrival of new immigrants in existing immigrant settlements near the border to prevent fresh encroachment of Government Reserves and to prepare a Register in a prescribed form, of all residents within this area. In the more vulnerable areas, these posts were to be given armed Police support from the existing staff of the State Government. Initially, 52 such posts were established in 1962 which entailed the creation of 26 posts of sub-inspectors, 26 posts of Assistant sub-inspectors and 156 constables. In 1964 thescheme wasextended to theestablishmentof180Policewatchpostsand39armedpersonnelpostsontheborderwithPakistan along the border, employing in the process 219 sub-inspectors, 19 inspectors 396 constables. A post of Assistant Inspector General of Police along with posts of ministerial staff at headquarters were also created under this scheme. The AIG's post was later upgraded to that of Deputy Inspector General of Police and subsequently, in the recent times, to Additional Director General of Police. Till1984,1873postsweresanctionedbytheGovernmentofIndiaunderthePIPscheme. Originally, it was envisaged that Police officers in these border outposts be vested with extensive revenue powers to enable them to evict the encroachers from the reserved or khas land, but these powers were eventually not given to them. Theideabehindthisscheme ‘wasthatitwasbettertostopinfiltrationattheborder,andmakeitunattractivefortheforeignerstocometoAssambydenyingthebenefitsthatlurethemintothisstate'. In 1967, a scheme for keeping thumb and finger impressions and photographs of Pakistani infiltrants was introduced as a complement to the PIP and Watch post Schemes.

OnFebruary17,1976MinistryofHomeAffairsissuedanotificationentrustingtheSuperintendentsofPoliceandtheDeputyCommissioners(inchargeofpolice)withpowersofCentralGovernmentinmakingordersagainstBangladesh nationalsunderForeigners'Act,1946. Prior to this, such entrustment of functions to Superintendent of Police in Assam was made only in respect of nationals of Pakistan in 1961 and 1962. Whileenclosingtheabovenotification dated February 17, 1976 in respect of Bangladesh nationals,GovernmentofIndiainstructedtheStateGovernmentthat ‘personswho(had)cometoIndiafromerstwhileEastPakistan/BangladeshpriortoMarch,1971arenottobesentbacktoBangladesh'.InhisreplyattheendofthedebateontheGovernor'saddresson2ndMarch,1979,thethenChiefMinisterofAssamShriGolapBorboraalsomadeastatementbeforetheAssamLegislativeAssemblyinthisregard.Copies of the letter dated February 17, 1976 and Statement of CM are placed as annexure 8 and 9respectively.

ASSAM AGITATION AND ASSAM ACCORD

ThedeathofShriHiralalPatwari,sittingMemberofParliamentfromLokSabharepresentingtheMangaldaiLSConstituencyonMarch 28, 1979necessitatedtheholdingofby-elections,whichsetinmotiontheeventsleadinguptotheAssammovement.TheAssamagitationwasbornwhenitwasallegedthatalargenumberofnamesofsuspectnationalitywasincludedinthevoter'slistintheMangaldaiLSconstituency.TheAllAssamStudents'Union(AASU)onJune8,1979sponsoreda12hourgeneralstrikedemanding ‘detection,disenfranchisementanddeportation' offoreigners.Thisturnedoutto be thefirstofsuchstate-wide protests against infiltration.TheAssamAgitation (1979-1985) was a mass movement against illegal immigrants in Assam ledbyAllAssamStudents'Union(AASU) and All Assam Gana Sangram Parishad (AAGSP) tocompeltheGovernmenttoidentifyandexpelillegalimmigrants. While the agitation programmewaslargelynon-violent, communal incidentswerewitnessedinsomepartsoftheStateparticularlyin1983. In 1980 when the Congress party led by Mrs Indira Gandhi came to power at the centre, AASU wrote to Prime Minister Mrs Indira Gandhi on January 18, 1980 drawing her attention to the problem of infiltration. A copy of the letter is placed at annexure 9A. They submitted some broad proposals for the purpose of detecting and deleting the names of foreigners from the electoral rolls based on the NRC of 1951 and thereafter deporting them. The broad proposals for undertaking such an exercise are briefly summarized below: 1) Updating of NRC of 1951, 2) Cross checking of electoral rolls with the updated NRC, 3) Demarcation of the Indo-Bangladesh border and creation of a free uninhabited Belt 4) Issuing of identity cards throughout the Northeast region, 5) Strict maintenance of Birth and Death Register at all Block and Village levels, 6) Raising of additional armed Police battalions and a River Police Force with a view to checking infiltration. Following AASU's letter to the Prime Minister, the student leaders were invited for discussions and negotiations with the Central Government. The AASU delegation met Prime Minister Indira Gandhi on 2nd February, 1980 which signaled the beginning of protracted negotiations between the movement leaders and the Central Government headed by Mrs Gandhi. The AASU delegation also submitted a detailed memorandum to the Prime Minister, which is placed at annexure 9B. The Government of India insisted that March 25, 1971 be the cut off date for identifying foreigners, which the AASU rejected and insisted on 1951 being the cut off year for identifying and deporting foreigners. InApril1980,theGovernorofAssamhelddiscussionswithAASUduringwhichtheGovernorsuggestedthat1967,shouldbethebaseyearfordetectionanddeletionofforeignersand1971fordeportationofforeigners.ThisofferwasrejectedbyAASUvidetheirGeneralSecretary'sletterdatedApril5,1980,whichwassubsequentlyacceptedbythemin1985.ThePrimeMinisterMrsIndiraGandhiherselfcametoAssamandhelddiscussionswiththeAASUleadersonApril 12, 1980buttherewasnoprogressinthenegotiationasAASUstucktotheirstatedposition.InSeptember1980,AASUannouncedthatitwouldagreetoanegotiatedsettlementforallowingimmigrantswhocametoAssamafter1951till1961providedtheGovernmentagreedtoshifttheimmigrants of 1961-1971streamtootherstates,whichwasnotagreedtobytheGovernment.Itappearsthat between 1980 and 1982 there were as many as 23 rounds of negotiations, which, however, did not yield any positive outcome.

After a 6 year long Assam agitation from 1979 to 1985, a landmark agreement-Assam Accord was signed on August 15, 1985 at the behest of Prime Minister Shri Rajiv Gandhi. This agreement between All Assam Students Union (AASU), Government of India & Government of Assam contains some important clauses relating to the foreigners issue, border fencing, construction of border roads, setting up of border out posts etc. A copy of Assam Accord is placed asannexure 10. A detailed account of implementation of various clauses of this accord is discussed in chapter 3.

Chapter 2

ILLEGAL IMMIGRATION

2.1 ILLEGALIMMIGRANTS

2.1.1.Although "illegalmigration" or/and "illegalimmigrants" (particularlyfromBangladesh)areverymuchapartofthepublicdiscourseonsociety,polity,andeconomyofAssam,there is some haziness as regards the precise meaning of these terms.ThesharedhistoryoftheBritishcolonialrule,thepartitionatthetimeofindependence,theroleplayedbyIndiainthecreationofBangladesh,andtheprovisionsundertheCitizenshipAct – allcontributetothislackofconcreteness.Section2(1)(b)oftheCitizenshipActof1955definesan "illegalmigrant" asaforeignerwhoenteredIndia

6(A)SpecialprovisionsastocitizenshipofpersonscoveredbytheAssamAccord.AnypersonwhocametoAssamonorafterthe1stJanuary1966butbeforethe25March1971andhasbeenordinarilyresidentinAssamanddetectedtobeaforeignershallregisterhimselfbeforetheRegisteringAuthorityasspecifiedbytheCentralGovernmentinaccordancewiththeruleandifhisnameisincludedinanyElectoralRollinforceonthedate,hisnameshallbedeleted there from onthedateofsuchdetection.HeshallbedeemedtobeacitizenofIndia for allpurposesfromthedateofexpiryofaperiodof10yearsfromthedateonwhichhehasbeendetectedtobe a foreigner.

2.2.9. THECITIZENSHIPRULES,2009The Central Government had made rules in exercise of powers conferred by Section 18 of Citizenship Act, 1955 in respect of (a) Application for Citizenship, (b) Issue of certificates of Citizenship and maintenance of Registers and connected papers. (c) Provisions as to citizenship of India for persons covered by Assam Accord. (d) Renunciation and deprivation of Citizenship of India. These rules have repealed the earlier citizenship rules, 1956.

2.3.2.In1983,IM(D)TswereestablishedundertheIllegalMigrants(DeterminationbyTribunals)Act,1983.PriortothatanordinancewaspassedfacilitatingthesettingupofIM(D)Ts.TheStateGovernmenthadinitiallydecidedtosetup20IM(D)Ts.Atthesametimeafter1985,theForeigner'sTribunalsco-existedwithIM(D)TswiththesigningoftheAssamAccord.WhileIM(D)TstookupcasesofsuspectedforeignersofthepostMarch25th1971stream,theexistingForeignersTribunalswereentrustedwiththeresponsibilityofdisposingofcasespertainingtopre-March25th1971streamofsuspectedforeigners. IM(DT) Act was amended by IM(DT) Amendment Act 1988 on April 25, 1988. WiththeHon'bleSupremeCourtdeclaringtheIM(DT)Act,1983asultraviresin2005andstrikingthemdown,theTribunalsandAppellateTribunalshaveceasedtofunction. The performance of the IM(DT) during various time periods is summarized below.

2.3.4. It has been found that due to a variety of reasons – lack of judicial supervision, long vacancies of members, inadequate staff – large number of cases were pending unregistered in some of the tribunals. On specific pursuance from Government of Assam and judicial intervention by Hon'ble Gauhati High Court, the number of unregistered cases has come down but there are still more than 65000 unregistered cases pending for years together in some of the foreigners tribunals. Additional staff have been deputed from Border Police so that all cases are registered without further delay.

2.3.5. The21IMDTsfunctioninginAssamwerewoundupandreplacedby21newForeignersTribunals.ThelearnedjudgesandstaffofIMDTwereredeployedinthenewlycreatedadditionalForeignersTribunals.As a result,after2005,32(21new+11existing)ForeignersTribunalsstartedfunctioning.ThenumberofForeignersTribunalhasnowbeenraisedto36withthefunctioningof4newForeignersTribunals.TheperformanceofForeignersTribunaloverdifferenttimeperiodis presented in the table below:

Foreigners Tribunal Cases

Period

Cases

referred

Casesdisposed

Casespending

(cumulative)

Persons

declaredas

Foreigners

No.ofdeclaredforeignerspushed

Back/deported.

1985-90

32991

15929

17062

14801

133

1991-95

482

5909

11635

4005

267

1996-2000

2986

3552

11069

6026

235

2001-2005

6094

2216

14947

4593

39

2006- July2012

65666

45456

35157

12913

221

Total

108219

73062

35157

42338

895

Consolidatedtotalofdeported/ pushedbackillegalmigrants on being declared as foreigners by IMD(T)s and Foreigners Tribunals collectively till July 2012 – 1547+895=2442.

2.3.6. The various Tribunals have since 1985 declared 61,774 persons as foreigners, both from the 1966-1971 stream and the post 25 March 1971 stream. A table indicating the streams to which these foreigners belong on being so declared by appropriate tribunals at various phases is placed below:

Period

1966-1971 stream

Post-1971 stream

Total

‘D' Voters declared as foreigners.

Total with ‘D' voters.

1985-1990

14801

6724

21525

21525

1991-1995

4005

2577

6582

6582

1996-2000

6026

902

6928

6590 (1998 to 31.7.2012)

33667

2001-2005

4593

2643

7236

2006-2012 July

3112

9801

12913

Grand total

32537

22647

55184

6590

61774

2.3.7. The above table clearly brings out the fact that a majority of the foreigners declared by the tribunals belong to the 1966-1971 stream, who, at any rate, are not to be deported but to be given time for registering themselves as Indian citizens. From the figures collected by Border police from various tribunals, out of 32,537 foreigners belonging to the 1966-1971 stream only 12,914 foreigners have registered themselves with the jurisdictional FRROs. On the other hand, tribunals (IMD(T)s and FTs) have declared 29,237 as foreigners who belong to the post 25 March 1971 stream. These 29,237 foreigners so declared by the appropriate tribunals over a long period of time were to be deported forthwith. However, records reveal that only 2442 such persons have been deported/pushed back.

2.4. PROCEDUREOFDETECTIONANDDEPORTATION

2.4.1. BorderPolicePersonnelaredeployedinallDistrictsofAssamfordetectionofsuspectedforeignersanddeportation/pushbackofdeclaredforeigners.Apartfromdistrictdeployment,BorderPolicePersonnelarealsodeployedin159WatchPostslocatedininfiltrationproneareasof17Districtstodetectillegalforeignerssettledintheirareaofjurisdiction. There are 12 BOPs and 2 TAC Hqs of Border Organization functioning as SecondLineofDefencebehindtheBSFBOPsinDhubri,CacharandKarimganjdistrictstochecktheinfiltratorswhomightsneakthrough the first line of BoPs.

2.4.2. Fordetectionofillegalforeigners,BorderPolicepersonnelmainlycarryoutsurveyworkforidentificationofthesuspectedforeigners.Duringthevillagesurvey,BorderPolicepersonnelkeepliaisonwithlocalGaonbura,VDPetc.whomaygivevitalinformationaboutpresenceofsuspectedforeigners.ThelistofthevillagersiscollectedfromtheGaonburaandVDP.Accordingly,thenumberofmembersineachfamilyischeckedandifanypersonisfoundwhosenamedoesnotappearinthelistthenhis/hercitizenshipisdoubtedandtheyareaskedtoproducedocumentsinsupportoftheircitizenship. Every such person is given reasonable opportunity toproducethedocuments in support of his/her citizenship andenquiryisinitiatedagainsthim/her only if he/she fails to produce satisfactory evidence after availing due opportunity.

2.4.4. IthasbeenobservedbyBorderPolicethatmostofthesuspectedforeignersarefoundtobeworkingasdaily-wagelabourersandRickshawPullers who liveinrentedhousesanddonotownproperty.MostofthesesuspectedforeignersclaimthattheydonotkeeprequireddocumentswiththemtoprovetheirIndiancitizenship and thereforethey seek time fetch the relevantdocuments from theirhomedistricts for production before the authorities. However, during the givenperiod,mostofthesesuspectedforeignersgountraced.Insuchcases,enquiriesinitiatedagainstuntracedsuspectedforeignersremainpendingforlong.

2.4.5. Ifthesuspectedforeignerproducesdocumentstoprovehimself/herselfascitizenofIndiaandifthedocumentsproducedisfoundtobeunauthenticatedand unreliable,thenanenquiryisinitiatedwithapprovalofSuperintendentofPolice. Afterreceivingtheenquiryreportfromtheenquiryofficer,theSuperintendentofPolice,ifsatisfied,makesareferencetothe Foreigners TribunalunderForeignersTribunalorder1964.Theimmigrants from the erstwhile East Pakistan,whocametoIndiapriorto January 1, 1966aretreatedasIndiancitizensunder theCitizenshipAct1955.Generally,anyofthefollowingdocumentsliketheVoterlistof1966,NRCof1951,RefugeeCertificateissuedbytheGovernmentofIndia,Revenuerecordpriorto1966,Schoolcertificatepriorto1966areaskedforestablishingthedateofarrivalofforeigners.Ifthepersonfailstoproducetheabovementioneddocumentstoestablishhiscitizenshipason January 1, 1966thenanenquiryisinitiatedagainsthim/herthat he/she is a suspected foreigner.Ifhe/shefailstoproduceanyoftheabovementioneddocumentsbutproducessomeotherdocumentswhichestablishhis/herentryintoIndiabetweentheperiod January 1, 1966 to March 24, 1971 (midnight),thenanenquiryisinitiatedunderCitizenshipActthathe/sheisa suspected foreignerof the1966 –1971stream.Asperprovisionofsection6AofCitizenshipAct1955thenamesofsuchforeignersaredeletedfromtheelectoralrollsforaperiodof10yearsfromthedateofdetectionandtheyarerequiredtoregistertheirnameswith registering authority within extended period of 60days. In case theyfailtodoso,theyareliabletobedeported.

2.4.7. ForeignersTribunalsendsthecopyof Opinion/JudgmenttotheSuperintendentofPolicefornecessaryaction.TheForeignersTribunalalsodecideswhether or not theforeignerbelongsto the post1971streamor the 1966–71stream.

2.4.8. Theprocessofdetectionhasinherent difficulties sincelanguage, culture andlivinghabitssometimesmakesitdifficulttoidentifytheillegal immigrants.Intheprocessofdetectionthereforeeventhegenuinecitizensmay sometimes get subjectedtoenquiry.Thesuspectedforeignersoftenworkasdailyworkers and have nopermanentaddresses and some of them frequentlychangetheirlocations.TheBorderPolicealsofacesproblemwhensuspectedforeignersresistenquiryanddonot cooperate in producing the documents.

2.4.9 It is difficult to give a precise estimate of illegal migrants/foreigners in Assam. Even when the new Government came to power after the Assam Accord, the Government in reply to a starred assembly question asked by Sheikh Abdul Hamid M.L.A during the session of August, 1986 regarding the number of foreigners residing in Assam then, stated that ‘there is no definite information as regards the exact number of foreigners residing in Assam'. Similarly, in reply to another starred question asked by Amrit LaL Basumatary in the same session of August, 1986 about how many foreigners had entered Assam after 25 March 1971, the Government replied that ‘the exact number of foreigners who entered Assam after 25th March 1971 is not known'. Much later in the December session of the Assembly in 1996 in reply to an unstarred question no 398 asked by Shri Afzalur Rehman M.L.A regarding the total number of foreigners and illegal migrants in Assam, the Government stated that ‘the exact number of foreigners and illegal migrants in Assam cannot be estimated as it is a fact of history and continuous process'.

2.5. DEPORTATION/PUSHBACK

2.5.1. Fordeportationofdeclaredforeigners he/she ishandedovertotheBSFwhotakesupthematterofsuchdeportationwiththeircounterpart - the Border Guards of Bangladesh (BGB) – as wellaswiththeMinistryofExternalAffairs,GovernmentofIndia. Often,itisfoundthatthe BGB refers to the local police authorities in Bangladesh for verifying theaddress as also the characterandantecedentsofthesepersons. It is onlyaftercompleteandsatisfactoryverification that theyaccept such persons – aprocesswhichdelaysthe return of the illegal immigrant to his home country.

2.5.3. Thereisdifference between 'PushBack'and 'Deportation'.IncaseofPushBackthereisno need for acceptanceof the personconcernedbythe BGB. Incaseofdeportation, on the other hand, thereisproperflagmeetingbetweenBSFand BGB anddeportationtakesplaceonlywhen BGB acceptstheforeigner.If BGB refusestoaccepttheforeigner,BSF is left with no further option and such persons become 'stateless'.

2.5.4. IntheabsenceofaproperlaiddownprocedurefordeportationofillegalmigrantsbetweentheGovernmentofIndiaandtheGovernmentofBangladesh,ithasbecomedifficulttocarryoutdeportations.Assuch,deportationofforeignersismainlycarriedoutthroughthe ‘pushback'method.However,toovercomethisproblem,theMinistryofHomeAffairshasrecentlyprescribedadetailedproforma which has been circulatedtoallStateGovernmentsforcollectingdataofsuchforeignerswhoarepresentlybeingdetainedindetentioncentres.ThematterofdeportationofforeignerswhohaveillegallyenteredintoIndianeedstobetakenupbytheGovernmentofIndiawiththeGovernmentofBangladeshsothataproperpolicycouldbeevolvedandtheprocessofdeportationofsuchdeclaredforeignersbecomeeasierandhasslefree.

2.6.2. Following table summarizes the disposal of D voters cases by the Tribunals since 1998.

‘D' VOTERS(1998-July,2012)

Casesreferred

Casesdisposed

Casespending

Personsdeclaredasforeigners

PersonsdeclaredasIndian

Caseswherenoopinioncouldbeexpressed

231657

88192

143465

6590

44220

37382

2.7.Intensive Revision of Electoral Rolls

2.7.1. A detailed note on the intensive revision of electoral rolls undertaken in Assam from 1985 to 1997 is presented below:

2.7.2. In Assam, because of the agitation over the Foreigners issue, no intensive revision of rolls was undertaken between 1979 and 1985.

2.7.3. 1985: E/Rolls in Assam were intensively revised in 1985 with 1/1/85 as the qualifying date with the date of final publication being 7/11/85. The Election Commission of India (ECI) decided to undertake this intensive revision in fulfillment of an assurance given before the Supreme Court in September 1984 in the context of the hearing of the Writ Petition challenging the validity of the 1983 General Elections in Assam. Polling Station wise lists of persons enumerated during house-to-house enumeration were subjected to thorough scrutiny with reference to the 1971 Electoral Rolls. Those whose linkages could not be established with the 1971 E/Rolls or could not prove their Indian Citizenship were deleted from the E/Rolls during the revision process. General Elections in 1985 were held on the basis of these rolls.

2.7.4. 1989: In 1987, the state government objected to the Election Commission's proposal for a summary revision of E/Rolls with the 1985 E/Rolls as the reference roll and demanded that an intensive revision of rolls be undertaken with 1/1/87 as the qualifying date, where, instead of the 1971 E/Rolls, the 1966 E/Rolls should be considered as the basic document for linkage reference. At the end of wide ranging consultation, intensive revision of E/Rolls was taken up in Assam with reference to 1/1/89 as the qualifying date and the 1966 Rolls as the basic reference document. Two lists were directed by the Commission to be prepared after enumeration- List I containing the names of persons enumerated about whom the Electoral Registration Officer (ERO) does not consider it necessary to make an enquiry and List II containing names of persons in respect of whom, ERO has doubts about eligibility, including, but not restricted to citizenship.

In preparing List II, EROs consulted the following smaller lists:

Electors in 1985 E/Roll but without linkage to 1966 Roll.

Persons whose claims were rejected during revision of rolls in 1985.

List of persons served with Quit India notices on the basis of orders of FTs.

Refugee registration list prepared in 1971 of persons migrating to Assam in the wake of the Bangladesh war

Draft Rolls were published containing names of those in List I, names of those from List II in respect of whom ERO, after enquiry, concludes that they are eligible for entry in the draft rolls and, also, those in whose cases the ERO could not complete the enquiry before draft publication. Deletions of those found ineligible, whether on account of their citizenship or any other account, were made during the process of revision following due process. Final Rolls were accordingly published.

2.7.5. 1993 (de novo revision) : The state government was initially asked by the Commission to identify all polling station areas where there was an increase of more than 4% in the 1992 enumerated figures over the 1990 rolls. The state government duly identified certain such areas in all LACs. But representations to the Commission from various quarters alleging that the 1990 rolls suffered from major defects and some discrepancies in the figures projected by the state government and those available with the Election Commission resulted in the Commission ordering special instructions for revision of rolls with 1/1/93 as the qualifying date in all LACs of Assam. These instructions, which were issued after consultation with the Ministry of Home Affairs on 21/8/92, prescribed a new procedure for verification of names enumerated so as to exclude all foreign nationals from the E/Rolls.

In pursuance of these instructions, names of all persons enumerated after house-to-house visits, after consolidation polling station wise, were referred to the District Administration for verification of status as Indian citizens ( through established laws, linkage to 1966 E/Rolls/ NRCs etc). From the consolidated list, List I- containing names of those verified and found to be Indians, and List II –containing names of those not considered Indian were prepared. Those in List I automatically found their names in the Draft Rolls. Observers from other states were appointed by the Commission to oversee revision work. Deletions were made during revision process by EROs from List I where the ERO was satisfied, even after verification by District Magistrate, that the person was ineligible for entry in the E/Rolls on ground of citizenship.

The Commission however allowed final publication of E/Rolls only in respect of 86 LACs after this revision exercise and withheld the publication of E/Rolls in 40 LACs, being dissatisfied with the revision exercise in those LACs. The Commission then ordered special revision in these 40 LACs in 1994 and ordered summary revision with 1/1/94 as the qualifying date in respect of the other 86.

In view of Special Leave Petitions no 2484-85/94 in the Supreme Court, these twin processes were suspended by the Commission in April 1994. Following affirmation by the Supreme Court on 5.5.94 of the Gauhati High Court order dated 28.1.94 (and modified on 1.2.94) in Civil Rules 1566, 1616, 1836 and 2814, all of 1993 that challenged some of the provisions made under this de novo revision process, the Commission directed that the names of persons in List II prepared in 1993, except the names of persons declared or detected by Tribunals under IM(D)T and FT and those whose claims/ objections have been disposed off by the EROs) be published as supplementary draft rolls. But the names of those who were not entitled to be registered in the rolls for disqualification or lack of qualification on ground of citizenship or any other ground were to be deleted after following due procedure, including providing opportunity to the person concerned to be heard. All the above were duly followed. The rolls were finally published on 31/8/94 in consonance with the instructions of the Commission.

2.7.6. 1997: The Election Commission ordered intensive revision with 1.1.97 as the qualifying date and issued special guidelines for this purpose. The guidelines were framed keeping in view the judgment and order dated 28.1.94 and 1.2.94 of the Gauhati High Court in the case of HRA Chaudhury vs Election Commission of India and others (Civil Rules 1566,1616,1836 and 2814 of 1993) which was upheld by the Supreme Court by its judgment and order dated 5.5.94 and Civil Appeals no 4171-4180 of 1994 arising out of SLPs(Civil) 2484-85 of 1994) and the judgment and order dated 6.2.95 of the Supreme Court in the case of Lal Babu Hussain and others vs Electoral Registration Officer and others.

The Gauhati High Court had held in HRA Chaudhury vs Election Commission and others (upheld by the Supreme Court)

"the draft rolls are to be prepared on the basis of the statements submitted by the heads of the households in a constituency in Form 4 under Rule 8…………the statement made by the head of the household has its own value and cannot be lightly brushed aside. Rules do not contemplate any inquiry into the question of citizenship at the stage of preparation of draft roll, although there is provision for objection after a draft roll is published on the ground that a person who is not a citizen of India has been erroneously included."

The Supreme Court had held in Lal Babu Hussain vs Electoral Registration Officer and others:

"Thus the question whether a person is a foreigner is a question of fact which would require careful scrutiny of evidence since the enquiry is quasi-judicial in character…."

(Thisimplied that the question of citizenship is to be determined by the authorities vested with such powers under the Citizenship Act 1955 and other laws relating to citizenship)

The 1997 draft rolls that were published after enumeration comprised two categories of persons:

Persons whose names appeared in the roll prepared in 1993-94 and further revised with reference to 1.1.96 as the qualifying date.

Persons who did not find their names in the roll prepared in 1993-94 and further revised with reference to 1.1.96 as the qualifying date

2.7.7. After publication of rolls in draft, the EROs caused verification through Local Verification Officers (LVOs) in respect of those in the draft rolls where linkages could not be established with the earlier rolls but were provisionally included. After due verification, the LVO submitted his report in a specified format to the ERO, who in turn forwarded the cases, where he had reasonable doubt about the citizenship of any person, to the Competent Authority under the IM(D)T Act or the FT Act for further reference to the concerned Tribunal. Where decisions of the Tribunals on referred cases were not received before the date of final publication of rolls, the letter ‘D' was marked against the name of such electors to indicate that the citizenship status of those persons is Doubtful/Disputed. The names of such persons were either retained or deleted based on the decisions of the Tribunals on the references made. Persons marked as ‘D' in the E/Rolls are neither allowed to cast their votes at elections nor allowed to contest any elections.

3.1.1.As per the Clause 6 of the Assam Accord, constitutional, legislative and administrative safeguards as may be appropriate shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people. For this purpose the Government of Assam had earlier constituted a Committee of Ministers for Clause 6 under notification No. IAA 51/2005/29 dated 19th October 2006 to examine all the issues relating to the implementation of the Clause 6 of the Assam Accord including the definition of ‘Assamese people'. This Committee had held a number of meetings and also met Political Parties. It sought the views of different Political Parties, Sahitya Sabhas, Youth Organisations, Student Bodies etc on the definition of 'Assamese People' and deliberated on the same. After the presentGovernment assumed office in May 2011, a Cabinet Sub-Committee was constituted in July 2011 to inter alia deal with the matter of implementation of Clause 6 of the Assam Accord. The entire matter is now under examination of the Cabinet Sub-Committee.

3.1.2. A cultural centre called the Srimanta Sankardeva Kalashetra Complex has been established in 1992 at a cost of Rs 18.85 crores in Guwahati. Out of this, an amount of Rs 3.15 crores were spent during 1991-1995 and the remaining Rs 15.75 crores spent during 1996-2000. The Jyoti Chitraban Film Studio (Phase-I&II) at Guwahati has been modernised at a cost of Rs 8.79 crores, of which Rs 4.79 crores were spent during 1998-2000 and Rs 4.20 crores were spent during 2001-2003. The Phase III (Part I) of the modernisation of the Jyoti Chitraban Film Studio for Rs 10 crores has also been sanctioned by the Govt. of India in 2007. Against the release of Rs 10.00 crores by the Govt. of India, the State Govt. has already sanctioned Rs 6.66 crores to the Jyoti Chitraban Film Studio Society (JCFSS), which is implementing the scheme. A Technical Committee and a Monitoring & Supervision Committee have been constituted to implement the project. An amount of around Rs 2.64 crores have been spent so far and works are under progress.

3.1.3.In addition to the two Monuments at Poa-Mecca, Hajo and Urvarsi Archaeological Site that were taken over by the Archaeological Survey of India in 1919 and 1918 respectively, the Archaeological Survey of India has taken up another three Monuments for their preservation in 2005. These Monuments are the Hayagriva Madhava Temple, Hajo, the Kedar Temple, Hajo and the Ganesh Temple, Hajo.

3.1.4. The Government of Assam has also taken up the development of Historical Monuments and Archaeological Sites in Assam. During 2009-10, three Historical Monuments and Archaeological Sites have been taken up for Rs 2.00 crores and another 8 taken up for Rs 5.00 crores during 2010-11. An amount of Rs 5.00 crores has been provided during 2012-13 for taking up the development of more Historical Monuments and Archaeological Sites in Assam.

3.1.5.The Government of Assam has also taken up the protection, preservation and development of Sattras in Assam. During 2009-10, three Sattras were taken up for Rs 3.00 crores and during 2011-12, Rs 10.00 crores was provided for the protection, preservation and development of 87 Sattras in Assam. An amount of Rs 15.00 crores has been provided during 2012-13 for the protection, preservation and development of 85 Sattras in Assam

3.1.6.The Executive Council of the Jawaharlal Nehru University has approved the establishment of an Assamese Chair in the Centre of Indian Language, Literature and Culture Studies of the University in 2007.

3.2. Clause 7

3.2.1Under Clause 7, the Government has renewed their commitment for the speedy all round economic development of Assam so as to improve the standard of living of the people. As per this Clause, special emphasis would be placed on education and science & technology through the establishment of national institutions.

3.2.2.An IIT has been set up in Assam and has been functioning since 1991. Central Universities have been established through Acts of Parliament at Silchar in 1989 and at Tezpur in 1993. They have started functioning since 1994. The Numaligarh Oil Refinery has been established in Assam at a cost of Rs 2,500 crores and was inaugurated in 1999. The State of Assam has been categorised as a special category state for the purpose of grants-in-aid on the pattern of 90% grant and 10% loan. Assam is also being provided substantial funds out of the Non-Lapsable Central Pool of Resources for different socio-economic projects.

3.2.3.The foundation stone of the Assam Gas Cracker Project was laid by Dr Manmohan Singh, Hon'ble Prime Minister of India on 9th April 2007. This project is under implementation and its present cost is Rs 8,920.00 crores. The Government of Assam has a 10% equity participation in the project. A Joint Venture company in the name and style Brahmaputra Cracker & Polymers Ltd (BCPL) has already been formed and is functioning. The physical and financial progress so far is to the tune of 80% and 60% respectively.

3.2.4.For the purpose of utilisation of the finished products of BCPL and for promoting industrial development and generating employment, a Plastic Park is proposed to be set up in Assam. Assam Industrial Development Corporation (AIDC) is the nodal agency for implementation of the project over an area of 1,500 bighas at Gellapukhuri near Tinsukia at a cost of Rs 104.00 crores. To create awareness among the end-consumers, the manufacturers and the distributors as well as the retailers of plastic commodities, an International Plastofair was held in Guwahati in May 2010 in association with Plast India Foundation.

3.2.5.In an effort to revive the Ashok Paper Mill, it was leased out twice, first to M/s Sanghi Textiles Ltd in 1995 and thereafter to M/s North East Paper & Industries Ltd (NEPIL) in 2000. However, both failed to revive it and it was taken over by the Government of Assam in 2008. Thereafter, through the aegis of the Department of Heavy Industries, GoI, a DPR has been prepared by an international consultant for the purpose of revival of the Ashok Paper Mill by taking up a green field project. This DPR has been placed before the Government of Assam. A decision has been taken in January 2011, to execute the project either through the Hindustan Paper Corporation (HPC) or by putting up an Expression of Interest for inviting Companies to take up the project and the Government of India has been moved accordingly. Actions are now being taken to enable the revival of the Ashok Paper Mill.

3.4.1.5. Atotalof144.961kmofreconstructionofPhase-IfencingwassanctionedunderPhase-III,outofwhichbasedonfieldconditionstheactualrequiredlengthwas134.727km.Againstthis,121.707km(90.34%)hasbeencompleted.NBCChascompletedallworksassignedtoit.Worksareinprogressinrespectof13.020kmoffencingbeingconstructedbyNPCC,whicharetargetedtobecompletedby31stMarch2013.TheGovernmentofIndiahassanctionedthePhase-IIIofthefencingproject,entailingtheuseofconcertinawithdoublecoilwirefencingforreplacingtheentirefencingconstructedunderPhase-I. Due to persistent efforts from Chief Minister, Assam, phaseIIfencingwasdesignedtobedoublerowwhere concertina with double coil wire has been used in contrast toPhaseIfencingwhichwasonlysinglerow. A copy of the DO letter written by Chief Minister, Assam to Union Home Minister in 2004 is placed as annexure 13.

3.4.1.6. Theperiod-wiseachievementinrespectofPhaseI&IIworksdonebyAssamPWDsince1986isgiveninannexure-14 and works done by all agencies is at annexure-15. Asummaryoftheworksdonebyalltheagenciesisgiveninthetablebelow:

3.4.2.1 In order to strengthen border domination and to prevent any transborder crimes including infiltration and exfiltration, after 2001 in the Assam portion of the Indo-Bangladesh border, 11 new BOPs have been established. More BSF troops have been deployed and the water wing personnel have been made active on duty round the clock in the riverine border areas. At present the BSF and the state police are doing joint patrolling of the borders. A total of 6 battalions of BSF are deployed for guarding of the Indo-Bangladesh border (Assam portion). There are 91 BOPs at present and the distance between two BOPs has been reduced. Night vision devices, thermal indicators and radar for better surveillance are being used by the BSF at the border. The state police are also having BOPs for providing a second line of defence. To strengthen the Government machinery for the purpose of detection and deportation of foreigners, the Government of India has sanctioned 1,280 additional posts in different ranks under the PIF Scheme. Including these 1,280 posts, the total sanctioned strength of the Assam Police Border Organisation is 4,002 police personnel in different ranks.

3.5.1. LandadministrationintheProtectedBeltsandBlocksinAssamiscarried outasperprovisionsofChapterXoftheAssamlandandRevenueRegulation1886andRulesframedthereunder.Steps are takenforremovalofencroachment on a continuous basis.

4.1.1. DuetoeffortsoftheGovernmentofAssam,atripartitemeetingforImplementationofAssamAccordwasheldatthelevelofPrimeMinisterin2005withrepresentativesofAASUandtheStateGovernmentafteralmost20yearsofsigningofAssamAccord. Updation of NRC of 1951 has been a long standing demand but not reflected in the Assam accord. However due to bold initiative of Chief Minister, thedecisionforupdatingtheNRC1951wastakenintheaforesaidtripartitemeetingon May 5,2005. Based on the recommendations of the Group of Ministers in 2008, THE CITIZENSHIP (REGISTRATION OF CITIZEN & ISSUE OF NATIONAL IDENTITY CARDS) RULES, 2003 was amended in 2009 to put necessary legislative framework in place for updation of NRC by inserting rule 4A and procedures after rule 18. The NRIC preparation in Assam is to be carried out by taking into account the names of persons included in NRC 1951, electoral rolls prior to March 24th (midnight) 1971 and their descendents along with other supporting documents. Accordingly, modalities for the updating of NRC and standard operating procedures were prepared and 2 Pilot Projects were undertaken in Chaygaon (Kamrup district) and Barpeta (Barpeta district) revenue circles. However, due to protests it had to be put on hold for some timeandaCabinetSub-Committeewassetuptomakerecommendationsforremovingthedifficultiesandsimplifyingtheprocedures. The Cabinet Sub Committee had extensive negotiation with all the agitating groups and was able to successfully arrive at a consensus on various issues. Now all the hurdles in the way of NRC updation preparation have been removed by simplification of the application form and increasing the number of alternative documents required for establishing the authenticity of the claims. A proposal has been sent to Government of India to undertake the process of updation/preparation of NRC vide annexure 16. A copy of DO letter written by Chief Minister Assam in August 2008 to Prime Minister of India is place at annexure 16A.

4.2. PROGRESSINDETECTIONANDDISPOSALOFCASES

4.2.1. There has been a substantialincreaseinthenumberofcasesdetectedduringthelast11years.Thedisposalofcasesalsohasshownasignificantincreaseduringthistimeperiod.Thefollowingtableprovidesacomparativepictureofthecasesregisteredand disposed of byForeignersTribunalsandIMDT:

FOREIGNERS' TRIBUNAL&IMDT

Period

Casesreferred

Casesdisposed of

1985-2000

80252

43631

2001-July 2012

140758

53452

4.2.2. Itmaybeseenthattheprogressin10yearstimeperiodfrom2001-2012farexceedstheprogressmadeduringthe15yearstimeperiodfrom1985to2000.Keeping in viewthatthedisposalmechanismisajudicialprocessandalsosubjecttojudicialreview,thedisposalofcaseshasnotbeenabletokeeppacewiththenumberofcasesregisteredintheForeignersTribunals.Therefore,therehasbeena large cumulativependencyofcasesintheTribunalswhichneedstobeaddressedthroughspecialmeasures.

4.3. StrengtheningofMachineryfor detection anddeportation

4.3.1. In order to prevent infiltrationintotheStatethroughRiverineRoutes4(four)RiverPoliceStationsand7(seven)RiverPoliceOutPostshavebeensetupunderRiverPoliceOrganization.Inaddition,anewI.R.BattalionforRiverPolicehasalsobeenraisedandstepsarebeingtakentoprovidenecessaryequipmentsandtrainingtothisriverinebattalion.TheAssamPoliceBorder Organization has set up 159WatchPostsintheinfiltrationproneareasof17districtsofAssamfordetectionofillegalinfiltrators.

4.3.3. ThenumberofForeigner'sTribunals which was hovering between 4 and 11 from 1964 to 2005 increased to36Tribunalsin2009.Allofthemhavebeenmadefunctional.StandardstaffingpatternandserviceordergoverningserviceconditionsofFTstaffhavebeennotified.ProposalforprovidingadditionalstaffdependingonworkloadissubmittedtoMHAforapproval.PowerofappointmentofvacantstaffpositionhasbeendelegatedtoMemberFT based on atransparentselectionprocessbyaboardheadedbyDeputyCommissioner.

4.3.4. NewtermsandconditionshavebeenissuedforappointmentofMemberssoastomaketheserviceconditionsattractive.Theupperagelimithasbeenrelaxedfrom65to67years,remunerationhasbeenmademoreattractivebesidesprovidingotheramenitieslikevehicle,orderlypeonsetc.ThishasledtosignificantreductioninvacancypositionofJudicialmembersofForeigners' Tribunals – 33membersareinplaceandother4applicationsareinprocesstoachieve100%occupancy. It is noted that till February 2011 there were as many as 13 vacancies of Members, Foreigners Tribunal. The GovernmentofAssamhasalsoreceived7nominationsfromtheregistrarsoftheHighCourtsofotherstatesand3membershavebeenappointedsofarfromoutside the state.ThereisapaucityofsuitablejudicialofficersintheStateandalleffortshavebeenmadetofillupallthepostsofmembers.Thisisthebiggestimpediment to oureffortsinincreasingthenumberoftribunals.

4.4.1. InmostcasesitwasfoundthatillegalmigrantsdetectedasforeignersbytheforeignersTribunalundertheprovisionoftheforeignersAct,1946gountracedaftertheyaresodetected.ThishascreatedhurdlesindeportationoftheforeignersdetectedbytheForeignersTribunals.Toimposerestrictionsinthemovementofthedetectedforeignersandrequiringthemtoresideinaparticularplaceimmediatelyaftertheyare so detectedand to ensure thatsuchpersonsdonot ‘perform the act of vanishing',itwasdecidedtosetupdetentioncentrestokeepsuchforeignerstilltheyaredeportedtotheircountryoforigin. The GovernmentofIndia hasauthorizedtheStateGovernmentundertheprovisionsofSection3(2)(e)oftheForeignersAct,1946andPara11(2)oftheForeignersOrder,1948tosetupdetentioncentres.Accordingly,detentioncentreshavebeensetupatGoalpara,KokrajharandSilcharforkeepingpersonsdeclaredasforeigners. The number of such foreigners kept is three detention centres (as on 15/10/2012) is as follows-. Goalpara (66), Kokrajhar (32), and Silchar (20). TheirfingerprintsandphotographsarealsobeingkeptandthephotographsofabscondingforeignersarebeingpublishedinNewspapers.

4.5. Committees for detection of foreigners and preventing harassment of genuine Indian citizens

4.5.1. ThanaLevelCommitteesheadedbyCircleOfficer(Revenue)oftheareahavebeensetupinalldistrictstoensurethatgenuineIndiancitizensarenotharassed.Besides,CircleLevel,DistrictLevelandStateLevelCommitteeshavealsobeenformedwiththeobjectiveofassistingtheGovernmentinthedetectionofforeignersintheStatewhileensuringthatnogenuineIndiancitizensareharassed. Copies of Government notifications are placed at annexure 17 and 17A.

4.6. ImpactofGovernmentMeasuresonInfiltration

4.6.1. AssamwitnessedadecadalpopulationgrowthratehigherthantheallIndiaaverage during themajorpartofthetwentiethcentury. The decadal growth of Assam since 1901 is given in the table below.

POPULATIONTRENDINASSAMANDINDIA

YEAR

Population (in lakh)

Percentage Decadal Variation

Density

(Person per Sq. Km.)

ASSAM

INDIA

ASSAM

INDIA

ASSAM

INDIA

1901

33

2384

0

0

42

77

1911

38

2521

17

5.8

49

82

1921

46

2513

20.5

0.3

59

81

1931

56

2789

19.9

11

71

90

1941

67

3186

20.4

14.2

85

103

1951

80

3611

19.9

13.3

102

117

1961

108

4392

35

21.5

138

142

1971

146

5481

35

24.8

186

177

1981*

0

6833

0

24.7

0

230

1991

224

8463

24.2

23.9

286

267

2001

266

10270

18.9

21.5

340

325

2011#

312

12102

16.9

17.6

397

382

*Interpolated

#Provisional

ThehigherdecadalpopulationgrowthrateofthestatehasbeenattributedtomigrationfromoutsideAssam.However, due to various measures taken by the Government to curb cross border migration, amongst other things, growthrateofpopulationin1991-2001(18.9%)and2001-2011(16.9%)censuseshasshownadecliningtrend.Thisratehasbeenlowerthanthenationalgrowthratewhichwas21.5%in1991-2001and17.6%in2001-2011.

4.7. RoadMapfor future

4.7.1. The GovernmentofAssamiscommittedtoexpeditingtheprocessofdetectionanddisposalofcasespendingwiththeForeignersTribunals.Towardsthisend, the GovernmentofIndiahasamendedtherulesmandatingtheTribunalstodispose of cases within a stipulatedtimeof60days.Inregardtothecaseswhicharealreadypending,aplanofactionwillbeputinplaceinconsultationwiththeForeignersTribunalssothatallcasespendingin tribunals aredisposedofinatimeboundmanner.Aworkshoptofinalizetheplanof actionwillbeheldwithalltheMembersofforeignersTribunalsandborderPolice shortly. Earlier on 10th April 2008, a workshop was held to discuss ways and means for expediting the disposal of cases and the problems faced by Members of Foreigners Tribunal.Inaddition,theexistingForeignersTribunalsarebeingstrengthenedintermsofinfrastructureandmanpower.Separately,BorderWingoftheAssamPoliceBorderOrganizationwillalsobestrengthened with theenablingsupportstructureforservicingtheForeignersTribunalsandalsoforthepurposeofdetectionandinvestigationofthecases. The GovernmentofAssamhasalso sent a proposal to the GovernmentofIndiatoincreasethenumberofForeignersTribunalsintheState so as tocopewiththeextraloadinselectdistricts.

4.7.2. The GovernmentofAssam is committed to updation /preparation of a correct National Register of Indian Citizens for the entire State in phases. All the procedural hurdles have now been removed amicably and the Central Government has been requested to bring about necessary changes in the rules and standard operating procedures for commencing the work. The areas comprising 42 LA constituencies shall be taken up in the first phase. An NRIC Directorate / CommissioneratetobeheadedbyaCommissioner/Secretaryrankedofficer with modern infrastructure, adequate officers and staff will be set up soon to undertake the myriad processes of NRIC. In addition, the Government is setting up anAdvisoryCommission headed by a retired Judge as Chairperson and 2senior Retired Government officials as MemberstoadvisetheGovernmentonNRIC mattersand the Foreigners' issue. NRIC Directorate will render secretarial service to this commission. The Government of Assam is hopeful of completing the preparation of NRIC within 3 years.

4.7.3. The Government of India notified the Unique Identification Authority of India (UIDAI) as an attached office under the aegis of the Planning Commission to implement the UID Scheme. The UID initiative proposes to develop a comprehensive database for the entire resident population of the country and its objective is to create a core database which is regularly updated and is easily accessible by all departments for identification of residents in the country for various purposes. The Government approved that UIDAI may create initial database from the Electoral Rolls as one of the partner databases and validate the same through BPL database and PDS database. The database so created would be a database of residents, not of citizens. UIDAI also has the responsibility of defining mechanism and processes for interlinking AADHAAR Numbers with other databases on a continuous basis, co-coordinating with the implementing agencies.

4.7.4. The Government of Assam is fully seized of the problem of unguarded riverine areas where ingress of infiltrants is possible. Therefore, the Government is committed to implementing the recommendations of the committee constituted for the purpose as brought out in paragraph 3.4.3 in the previous chapter.

4.7.5. The Government seeks to activate and strengthen the local thana level committees for detecting foreigners and preventing harassment of genuine Indian citizens so that infiltration of foreigners is checked at the grass root level besides preventing harassment of genuine Indian citizens in the process.